The Unfair Terms in Consumer Contracts Regulations 1999

Contents

1Citation and commencement#

2Revocation#

3Interpretation#

(1)In these Regulations–• “the CMA” means the Competition and Markets Authority;• “the Community” means the European Community;• “complaint” means a complaint that any contract term drawn up for general use is unfair;• “consumer” means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession;• “court” in relation to England and Wales and Northern Ireland means a county court or the High Court, and in relation to Scotland, the Sheriff or the Court of Session;• “DETINI” means the Department of Enterprise, Trade and Investment in Northern Ireland;• ^note...• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993;• “a local weights and measures authority” means a local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985);• “Member State” means a State which is a contracting party to the EEA Agreement;• “notified” means notified in writing;• “qualifying body” means a person specified in Schedule 1;• “seller or supplier” means any natural or legal person who, in contracts covered by these Regulations, is acting for purposes relating to his trade, business or profession, whether publicly owned or privately owned;• “unfair terms” means the contractual terms referred to in regulation 5.

(1A)Where regulation 28(7) of the Child Support (Transitional Provisions) Regulations (Northern Ireland) 2001 (linking provisions) applies, the effective date of the maintenance calculation shall be the date which would have been the beginning of the first maintenance period in respect of the conversion decision on or after what, but for this paragraph, would have been the relevant effective date provided for in regulation 24(2) to (4).

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(1B)The provisions of Schedule 3 shall apply where –

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

4Terms to which these Regulations apply#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

5Unfair Terms#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(3)Subject to paragraphs (4) to (6), in section 264 of the 2003 Act (consecutive terms) the reference in subsection (6)(d) to one-half of the sentence is to be read as a reference to 40 per cent of the sentence.

(4)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(a)(ii) if the person serving the sentence was not in custody or detention pursuant to the sentence on 10th September 2024—

(5)Paragraph (1), (2) or (3) does not apply in relation to a sentence within article 1(2)(b) if the person serving the sentence was not in custody or detention pursuant to the sentence on 22nd October 2024—

(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—

(7)The reference in paragraph (6)(a) to an offence (“offence A”) includes—

6Assessment of unfair terms#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

7Written contracts#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

8Effect of unfair term#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(3)This regulation does not apply to anything that is governed by Article 6 of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

9Choice of law clauses#

These Regulations shall apply notwithstanding any contract term which applies or purports to apply the law of a non-Member State, if the contract has a close connection with the territory of the Member States.

10Complaints – consideration by the CMA and qualifying bodies#

(1)In these Regulations—

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

11Complaints – consideration by qualifying bodies#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Injunctions to prevent continued use of unfair terms#

(1)In these Regulations—

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

13Powers of the CMA and qualifying bodies to obtain documents and information#

(1)In these Regulations—

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(i)

(ii)is not a relevant sentence.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(6)Paragraph (1), (2) or (3) does not apply in relation to a sentence if it is—

14Notification of undertakings and orders to the CMA#

A qualifying body shall notify the CMA–

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(c)FL No. “07.049” chemical name “1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one”;

15Publication, information and advice#

(1)In these Regulations—

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

(c)FL No. “07.049” chemical name “1-(4-Methoxyphenyl)-4-methylpent-1-en-3-one”;

(d)FL No. “07.206” chemical name “4-(2,3,6-Trimethylphenyl)but-3-en-2-one”;

(2)The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

(a)FL No. “07.030” chemical name “1-(4-Methoxyphenyl)pent-1-en-3-one”;

(b)

16The functions of the Financial Conduct Authority#

The functions of the Financial Conduct Authority under these Regulations shall be treated as functions of the Financial Conduct Authority under the Financial Services and Markets Act 2000.

Schedule 1 · Qualifying bodies

Part one

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Part two

(11)

Schedule 2 · Indicative and non-exhaustive list of terms which may be regarded as unfair

(1)

(a)

(b)

(c)

(d)

(e)

(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);

(g)any payment made in respect of the performance of duties as—

(h)

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(j)where, in any week or other period which falls within the period by reference to which earnings are calculated, earnings are received both in respect of a previous employment and in respect of a subsequent employment, the earnings in respect of the previous employment.

(k)that any person who the chairman or tribunal considers may be liable for the remedy claimed should be made a respondent in the proceedings;

(l)dismissing the claim against a respondent who is no longer directly interested in the claim;

(m)postponing or adjourning any hearing;

(n)varying or revoking other orders;

(o)giving notice to the parties of a pre-hearing review or a hearing under rule 26;

(p)giving notice under rule 19;

(q)giving leave to amend a claim or response;

(2)

(a)

(b)

(c)Paragraphs 1(g), (j) and (l) do not apply to:• transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the seller or supplier does not control;• contracts for the purchase or sale of foreign currency, traveller’s cheques or international money orders denominated in foreign currency;

(d)

Contains public sector information licensed under the Open Government Licence v3.0.